Support For a Full, Fair and Transparent Public Inquiry into State Involvement in the Murder of Northern Ireland Human Rights Lawyer Patrick Finucane
SUMMARY
The International Human Rights Committee, Rule of Law Task Force, and European Affairs Committee issued a statement urging the government of the United Kingdom to conduct a thorough and independent public inquiry into the assassination of human rights lawyer Patrick Finucane as critical to a commitment to the rule of law. After a 2024 Court of Appeal decision, the British government agreed to conduct a full investigation into the killing under the Inquiries Act 2005 that would be compliant with Article 2 of the European Convention on Human Rights. The City Bar calls upon United States elected representatives to use all available channels to insist that the United Kingdom conduct a full and transparent inquiry that addresses the failings of past investigations and inquiries and uses the full powers available to it to compel witnesses and subpoena evidence. A fair and transparent investigation would serve as a model for post-conflict justice globally and provide long-awaited justice for the Finucane family.
STATEMENT
The New York City Bar Association (the “City Bar”) has closely followed the situation in Northern Ireland since its initial fact-finding mission there in 1987[1] and its four subsequent visits to Belfast. Over the last four decades, the City Bar has consistently advocated for accountability and transparency by hosting public forums; has held meeting with leaders from Northern Ireland; and has issued statements, letters, and reports expressing concerns about human rights violations and welcoming subsequent reforms.[2] The City Bar has also steadfastly urged the government of the United Kingdom to conduct a thorough and independent public inquiry into the assassination of human rights lawyer Patrick Finucane as critical to a commitment to the rule of law.
On January 29, 2025, John Finucane, a solicitor and Northern Ireland politician, spoke at the City Bar and reported that after a July 2024 Court of Appeal decision, the British government has agreed to hold a full and fair investigation under the Inquiries Act 2005 that would be compliant with Article 2 of the European Convention on Human Rights, which protects everyone’s right to life.[3]
The City Bar calls upon United States elected representatives, including members of Congress and the State Department, to use all available channels to insist that the United Kingdom conduct a full and transparent inquiry that addresses the failings of past investigations and inquiries, and uses the full powers available to it under the Inquiries Act 2005 to compel witnesses and subpoena evidence. The state must also refrain from unduly utilizing restriction notices or other mechanisms as to ensure that any restriction of evidence on national security grounds is as narrowly tailored as possible and correctly balances the public interest in determining the full facts and circumstances as well as the full responsibility of all actors, including agents of the state.
A transparent and fair investigation by an independent panel will serve as a due process road map for other difficult post-conflict situations both in Northern Ireland and throughout the world and bring long-awaited justice to the Finucane family.
Footnotes
[1] New York City Bar Association, “Criminal Justice and Human Rights in Northern Ireland,” March 1988, available at https://www.nycbar.org/wp-content/uploads/2024/02/88083-Criminal-Justice-and-Human-Rights-in-Ireland-1.pdf (All websites last accessed on March 14, 2024).
[2] See e.g., New York City Bar Association, “Northern Ireland: A Report to the Association of the Bar of the City of New York from a Mission of the Committee on International Human Rights” June 4, 1999, https://www.nycbar.org/reports/northern-ireland-a-report-to-the-association-of-the-bar-of-the-city-of-new-york-from-a-mission-of-the-committee-on-international-human-rights/?back=1; New York City Bar Association, “In Northern Ireland, the Past is Still Present” January 2016, https://www.nycbar.org/reports/in-northern-ireland-the-past-is-still-present/?back=1; New York City Bar Association, “Letter to Prime Minister Theresa May and Secretary of State James Brokenshire regarding intimidation of lawyers in Northern Ireland” July 2017, https://www.nycbar.org/wp-content/uploads/2023/05/2017172-Northern_Ireland_Letter_INDEPLAW_7.11.17.pdf.
[3] Convention for the Protection of Human Rights and Fundamental Freedoms, art. 2, Nov. 4, 1950, 218 U.N.T.S. 222. available at https://www.echr.coe.int/documents/d/echr/convention_ENG.